Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
(a) A law on matters purely civil and political made by the Church in
opposition to a law of the State would not prevail over the latter,
for, as the Church admits, “whatever is to be ranged under the civil
and political order is rightly subject to the civil authority” (Leo
XIII).
(b) A law on matters directly or indirectly spiritual, made by the
Church but not necessary to her end, can be made the subject of
negotiation or even of compromise by the Church in order to avoid a
conflict of laws; in fact, the Church has shown her willingness to make
concessions, where possible, for the common peace and happiness.
291. When contending laws belong to the same category of laws, the more
important, or more urgent, or more necessary law prevails.
(a) The law that defends greater goods (those that are spiritual,
internal, or common) has precedence over the law that defends lesser
goods (the temporal, external, or private). Examples: The natural law
that one must save oneself from persecution and death yields to the
natural law that one must not blaspheme or deny God, and hence one must
prefer to die rather than blaspheme. The law that one may not expose
one’s life to danger yields to the law that the common welfare must be
defended; hence, citizens are obliged to go to war when the nation
calls, pastors and physicians to remain at their posts in time of
pestilence, disaster, etc.
(b) Obligations of justice have precedence over obligations of charity,
for in the former case a stricter right is in question. Example: Titus
is keeping $5.00 in order to pay a debt to Caius, who needs the money
today; Balbus, who is very poor, asks Titus to give the money to him.
Titus should pay Caius.
(c) Negative or prohibitory laws have precedence over affirmative or
preceptive laws (see 371). Example: Titus is asked to write out a
testimonial stating that he knows that Balbus is honest, competent,
etc. Balbus has claims on the help of Titus on account of a promise
made in the past; but Titus knows very well that Balbus is not
competent, honest, etc. The law forbidding lies prevails here over the
law that one keep a promise made.
292. Since rights and duties are correlative--there being a duty that
corresponds to every right, and vice versa--and since both are
regulated by law, the principles given for the apparent collision of
laws can be applied to the apparent collision of rights.
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